Crime and Policing Bill

Baroness Foster of Aghadrumsee Excerpts

Report stage
Wednesday 18th March 2026 Lords Chamber

Moved by

[Baroness Foster of Aghadrumsee]

418: After Clause 201, insert the following new Clause—
“Glorification of terrorism: removal of emulation requirement(1) Section 1 (encouragement of terrorism) of the Terrorism Act 2006 is amended as follows.(2) In subsection (3), for paragraphs (a) and (b) substitute—“(a) relates to one or more organisations which are at the time of the statement proscribed as terrorist organisations, and glorifies the commission or preparation (whether in the past, in the future or generally) of such acts or offences; or(b) glorifies the commission or preparation (whether in the past, in the future or generally) of such acts or offences, and is a statement from which members of the public could reasonably be expected to infer that what is being glorified is being glorified as conduct that should be emulated by them in existing circumstances.””Member’s explanatory statement
This amendment seeks to ensure that the present glorification of past terrorism, including both terrorism from proscribed organisations and the glorification of individual terrorists, is criminal, to reduce any harmful normalisation of terrorism.

[Baroness Foster of Aghadrumsee (Non-Afl)]

My Lords, I rise to speak to Amendment 418 and to try to explain the rationale for the changes I have made since Committee. I thank the noble Lord, Lord Polak, and the noble Baroness, Lady Ludford, for adding their names in support of the amendment. I declare that I am an officeholder in the APPG for counterextremism, a member of the APPG for terrorism and security, and a victim of terrorism.

For 20 years we have had a criminal offence of “glorification of terrorism”. However, the current Section 1 is a very high bar to meet for prosecution, as the person making the statement of glorification has to intend that a person hearing the statement would be encouraged to “emulate” the terrorism being glorified. After the debate in Committee, I sought to narrow the wording of my amendment to deal with current proscribed organisations. Noble Lords may remember that there was a concern, as the amendment was drafted for Committee, that it may capture some historic features that none of us would have seen as glorification of terrorism in today’s world. When I shared my change of amendment and sought to narrow the scope, however, the Minister pointed out in a letter to me that I might now be excluding glorification of those terrorists acting on their own behalf: those not advocating or acting on behalf of a proscribed organisation, such as the Manchester bomber. Obviously, I would not want that to be the case.

I have worked with the wonderfully patient staff in the Public Bill Office to try to deal with the issues raised by the Minister. I hope that what is before the House today captures my amendments, as put forward in Committee, but also deals with the issue of so-called “lone wolf” terrorists, or their supporters, calling for others to emulate their activities. I thank the Public Bill Office for all its assistance in dealing with these issues, and thank the Minister, also, for bringing the issue to my attention.

My reasons for pushing this amendment are fourfold. First, defeating terrorism is not just about militarily defeating the terrorists or the organisation, but about not allowing the narrative of those terrorists to be justified. Secondly, there have been no prosecutions in Northern Ireland under the current Section 1, and very few in England and Wales, despite the growing glorification of terrorism and terrorists. We need to enable the police and the prosecutors to deal with those who seek to glorify terrorists, and I hope that this amendment is helpful in that regard. Thirdly, as I indicated, I am an officeholder in the APPG on counterextremism. If we do not amend the law, as the amendment seeks to do, I fear the continued glorification of terrorism and the radicalisation of more of our young people, leading them into terrorism. At present, there is a lack of legislation to capture extremism, but, if we allow the glorification of terrorism to continue unabated, extremism will grow in our society, and we know all the problems that would bring.

In Time to Act, the recent APPG report on counterextremism, it was found that one in five voters said that political violence in the UK was acceptable in some conditions. We should all be shocked by that statistic, but unfortunately it comes from the normalisation of terrorism. In a further report, published this week by the Union of Jewish Students, we are given clear evidence of what happens when glorification of terrorism is allowed to happen unchecked. The report found that the glorification of terrorism is prevalent and unpunished. Our research has found that student groups have explicitly called for violence against Jews, even justifying the terrorist attack at Bondi beach in December 2025. Some 49% of those students spoken to have heard slogans or chants glorifying Hamas, Hezbollah or other proscribed groups on campus. Some 47% have witnessed justification of the 7 October attacks, rising to 77% among those who encounter Israel/Palestine protests regularly.

We must act. We have been given clear evidence of the impact of the glorification of terrorism, particularly on our young people. We must deal with it because, fourthly and finally, what sort of society do we want to live in? Do we want to allow the continued glorification of terrorism, and all the inherent problems that it will bring, or do we want to send a signal from Parliament that terrorism is, was and always will be wrong?

Just yesterday, I was shocked—I should not have been, because unfortunately it has become the norm—that, at a council-run St Patrick’s Day parade in Newry, parents were buying balaclavas and scarves with IRA slogans on them for their young children. The impact on our young people is huge, and that is what I am concerned about. People might say that I should not live in the past, and sometimes when I raise the issue of the glorification of terrorism the Minister will say that everything that happened in the past was terrible. But this is not about the past; this is about the future and our young people.

We need to stop the harmful normalisation of terrorism, and this amendment would go some way towards doing that. Terrorism is never justified. It causes mistrust between communities, takes away lives and causes devastation for so many people. I have listened to the concerns that were raised in Committee, and by the Minister, and I hope that the House will see fit to back my amendment. I beg to move.

--- Later in debate ---

[Lord Hanson of Flint (Lab)]

My Lords, I am grateful to the noble Baroness, Lady Foster, for returning to the issue of the glorification of terrorism, our exchange of letters and her movement and reflections on what we said in Committee. I note the support from the noble Lords, Lord Rogan, Lord Empey, Lord Weir, Lord Marks, from the Liberal Democrat Front Bench, Lord Polak, from the Conservative Back Benches, Lord McCrea of Magherafelt and Cookstown, and Lord Elliott. I will come back to comments made by other noble Lords as I progress.

Let me say straight away that I have not been a victim of terrorism, but I know people who have been. I have met victims of terrorism not only in the context of Northern Ireland when I had the honour of serving there but in this job, from a range of backgrounds. I know that discussion of all these issues, including in this debate, causes great pain for those victims. However, I hope can explain why, even with the changes that have been made by the noble Baroness, I cannot accept the amendment in its current form.

Let me first express and reiterate the purpose of the encouragement offence. It was introduced after the 7/7 attacks and is designed to act as a precursor offence to reduce the risk of people being encouraged to carry out acts of terrorism. The offence applies equally to statements made online or offline. It also applies even where an individual is reckless about the impact of their statement—that goes some way to the points made by the noble Baroness, Lady Fox of Buckley.

Encouragement includes any statements that glorify acts of terrorism. To be clear, “acts of terrorism” in this context includes any action taken for the purposes of terrorism, whether or not it was taken by a proscribed organisation. Today, we have talked about the IRA—which, at one stage, was heavily proscribed—and about Palestine Action and other organisations in relation to the current conflicts and activities in Palestine and Israel. “Glorification” is defined in the 2006 Act—which was passed by a previous Government in which I served—as including any “praise or celebration”.

I recognise that Amendment 418 is a modified version of the noble Baroness’s proposal made in Committee. Specifically, the amendment would retain the historical safeguard that I pointed out to her and that is necessary to limit the offence, for the very reasons that the noble Lord, Lord Marks, indicated today. I am grateful to the noble Baroness for having taken into account our concerns. However, the amendment would still disapply this to statements that indirectly encouraged acts of terrorism carried out by proscribed organisations.

The offence was carefully drafted at the time of its introduction to ensure that statements that are automatically captured by the offence have to meet both the requirement that the statement glorifies an act of terrorism and the historical safeguard. Amendment 418 attempts to split up these two requirements, when it was always intended that these requirements would work together. I remind the House that the encouragement offence has been recently reviewed by Jonathan Hall KC, the current Independent Reviewer of Terrorism Legislation, at the Government’s request and in light of the 7 October attacks, which a number of noble Lords referred to. In that review, he strongly advised against removing this historical safeguard.

In addition, the offence is very clear that statements that glorify acts of terrorism in such a way as to encourage others to carry out these acts would include acts of terrorism carried out by proscribed organisations. As a result, it is not necessary to spell this out any more clearly in legislation. As with the noble Baroness’s previous amendment tabled in Committee, it is also worth highlighting—this point was made by the noble Lord, Lord Anderson of Ipswich—that there are other offences that may be relevant to her concern too. In particular, Section 12 of the Terrorism Act 2000 makes it an offence to invite support for a proscribed organisation. The noble Lords, Lord McCrea of Magherafelt and Cookstown and Lord Elliott, made points about prosecutions, which have very often been undertaken under that legislation. The offence in this Bill is designed to address the harm that comes from the legitimisation of terrorist organisations, which the noble Baroness has spoken about.

We may need to test the opinion of the House, but I know why the noble Baroness has brought the amendment forward. I know why noble Lords—particularly those with fresh memories of activities in Northern Ireland, including those who saw activities that still offend many people in Northern Ireland—support the amendment. I know why the noble Lord, Lord Polak, supports the amendment. However, I say to all of them that the Independent Reviewer of Terrorism Legislation has reviewed it and believes the offence is currently fit for purpose. There are many other mechanisms—including those that the noble Lord, Lord Anderson, pointed to—that will lead to prosecutions for these issues. There is also a significant effort to ensure that the Government support activities to turn people away from terrorism—through the Prevent scheme, education and a range of other mechanisms—so that people are not politicised towards terrorism through activities undertaken.

With those reasons in mind, while I recognise the noble Baroness’s concerns and understand why she brought them forward, I hope that the reassurances I have given mean that she will not press the amendment to a Division. I await her response.

[Baroness Foster of Aghadrumsee (Non-Afl)]

I thank the Minister for the way in which he has communicated with me throughout on this issue of the glorification of terrorism. I also thank, as I said before, the Bill office for the way in which it has engaged with me.

I thank all noble Lords for their engagement on this issue. This has been a very good debate. On the other parts of the Terrorism Act that are there, I acknowledge what the noble Lord, Lord Anderson, had to say on Section 12. The unfortunate thing is that we see very few prosecutions in relation to it. This is why, to take up the point made by the noble Lord, Lord Empey, we cannot ignore what is going on around the glorification of terrorism in the widest possible terms in the United Kingdom. With that in mind, I would like to test the opinion of the House.